Final Directives: The Legal Ethical and Moral Journey to Death
By Mark Davis
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About this ebook
Dying is not a right. Government has seized the opportunity to intervene in peoples’ lives when end of life issues arise. Without a clearly written statement of medical directives the health system is forced to turn to blind courts and aggressive prosecutors to guide them. In this book are a series of cases confronting those in the last days of their lives. Many of these patients made national headlines in their fight to die with dignity. In one specific case a State forced a hospital to keep a brain dead individual alive indefinitely. Doctor Mark Davis has had the privilege of working with several hundred individuals at the most sensitive times in their lives. He brings experienced insights to a subject quietly discussed in the shadows of our society. This book displays many paths to avoid government’s intrusive hand allowing outcomes that otherwise would have been made by bureaucrats.
Mark Davis
Mark Davis is a former White House speechwriter and a senior director of the Washington-based White House Writers Group, where he has consulted with the Defense Advanced Research Projects Agency (DARPA), as well as with some of the nation's leading telecommunications, information technology and defense-aerospace companies. He is a frequent lecturer, writer and blogger on politics, technology, and the future.
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Book preview
Final Directives - Mark Davis
Final Directives
The Legal Ethical and Moral Journey to Death
Author: Mark Davis, MD
Publisher: Healthnets
Year Published: 2018
Written and Printed in the United States
All Rights Reserved
CONTENTS
1) Foreword
2) Introduction
3) Unrealistic Expectations
4) Death Always Wins
5) Jennifer’s Story
6) The Criminalization of Dying
7) Terry Shiavo: Family versus a Husband versus an
Intrusive Government
8) Karen Ann Quinlan versus Blind Justice
9) Nancy Cruzan versus a State’s Right
To Keep a Person Alive
10) Is Suicide a Right?
11) Jahi McMath: Is there life in a Brain-Dead Person?
12) Advanced Directives in the Form of Living Wills,
Health Care Proxies and Power of Attorney
13) Assisted Suicide and Death with Dignity Acts
(1) Foreword
Dying is not a right guaranteed by the Constitution. There is no section in this great document establishing the right to die. The rules of this end-game are continually in flux. High profile medical cases such as that of Terry Shiavo, Ann Quinlan and Nancy Cruzan paved the way for several legal precedents which still do not cement the right to die in stone. Family infighting in the Schiavo Case kept this young woman alive for more than a decade, as death lingered nearby. The Quinlan and Cruzan cases were equally agonizing for the emotionally drenched members of each of these patients’ respective families. Their pleas to be heard in the judicial arena were not always acknowledged. Hammered by government intervention many families are forced to engage members of the legal profession to carry out a person’s final wishes. End of life directives emerged to circumvent the follies of American judicial intrusion into one’s last days.
Inherent to current society is the fact we have compartmentalized death. Most deaths occur in institutions far from the bulk of the population. In these homogenized and cleansed facilities the process of dying plays out. To insure death goes according to the wishes of those involved legal instruments have been developed to solidify a person’s final intensions. Many of these legal devices are direct outgrowths of the aforementioned medical cases which will be discussed in more detail later in this book. Living wills, durable power of attorneys, health care proxies, medical information release forms, State empowered documents to affirm final directives and other legal instruments related to inheritance and personal care have been created. Most people have not taken advantage of these legal devices to prepare for end of life care. Therefore the confusion to identify a patient’s end of life wishes continues while appropriate decisions go unanswered. This e-book takes the reader through a range of situations they may encounter for themselves or those close to them who are headed for the long sleep. Through these encounters the reader can visualize the importance to plan for the future because it comes on all of us very quickly.
The author presents in these pages